Macon beacon. [volume] (Macon, Miss.) 1859-1995, 1887-11-05
A GREAT LEGAL BATTLE,
Synopsis of the Arguments in tha
Anarchists Case.
Before the supreme Bench j, EonJoI,h
Tucker aud Bon Butler Argue for i,
Writ of Error. Messrs. GrinnclI ana
Hunt Oppose The Points Made.
PLEADING FOR TuE ANARCHISTS

| der advlsement A decision Will he ron
derod probably ON Monday There is much
speculation as to the result of the appIica.
ton for a writ of error LAWYERS inolina m
| the opinion that If the VIII, be uranted IL
Will probably be awarded on the last prom
osition in reference 10 the alcped in
correctness of the yecord of the Sn.
| preme Court, which shows the defend
ants to have been present IN lien of
absent, when ro-sentanced by that court
Tho hearing OF argument began on Thurs.
| day at l:l5 p. IN, Hon. J. Randolph Tuck
| or, OF NirglniG, presenting the case on be-
half OF the condemned men, synopsis of
| his address is as follows:
| He claimed that it was not necessary for him
| TO show as condition precedent TO tine
| granting OF the writ that the action com.
| planned OF in the court below was actually re-.
| pugnont to, or In violation OF the constitution.
| 1t was only necessary to show that conflict
| had arisen, that there was question whether
| the action complained Of was not repugnant to
the constitution That was enough TO give that
| court jurisdiction.
The policy of this Court, he said, had hcon to
| deal literally with petitions for wIits OF error
| IN civil cases, How much more should n deal
literally with a petition Tor writ Of error in
q criminal case involving the issues of lie
| anu uo"th' MI lucRcr thcn proceeded to q
| careiuI analysis OF 'he fourteenth amendment
| anu ah utlehp' 10 ascertain the meaning ol the
WORDS Que process oi !aW.' II seemed he
| ediu 10 pe every "hefc conceded Ihhl Que
| process 0! ia" required tlal py Jury OF one )
peers. II is essential that The jury should be
| unbiased, unprejudlccd ana impartial, ana that
NshOulf not DC u class Jury.
| MI IucNer asserted mat the Jury law OF
| the state Of lllihois was uHconsuintonn! N
that II provided that the forming OF an opinion
| nom Reports or from newspaper accounts
OF certain transaction should not aec'
cssarhy dsquaHly The person having suc.
m opinion from sitting IN Judgment
on mat transaction as Juror. Even
| anhough 'he Ia" ml'ht seem 10 ne Iolr ana
Just by construction ana administration it
were mace TO "ehy 10 'ne prisoners inc ilshl
'nch ',, cns,rcm Try ," omT ,'" ] 11 !I nu
t,od to Io ant ,nn1n ',U" oo
tnttouaI The construction piycn to I'M
law in this case WAS different from The
construction given 10 It in q large mum.
| ber OF other cases In the same state. Hu then
referred to the objections made by the defense
| at the trial to the rulings of The court IN The
matter of challenges and to various other lul.
! ings and decisions Of the trial court which had
The etlec, of denvng 10 the prisoners a fair trial
| hv mn t,npai,lu Jury
TrrpInI, then IN nno,hor ouostlon ra,saI Inv
the ease. which, he said was a new one IN mi;
court. he quoted the second clause OF the
| four,aarth omerdu,rt ia tho crpr,
| mai no state shall mike or en-.
| force any law which shall abr.dgc
| the nriyilesas mr. immunitte, of citi2eu5
of the United states. Among the privilege,
| and ,nmuui,,es" thus guaranteed by the 5oue.
teenth amendment were, he contonded. those
Sc, forth in the first ten amendments 10 the Fed,
eo' i"1 III a. ''.I nov ~ u '''' ,,',
.'a' co"9'.'u',o' NoS" '' y', u, ~ ,,,
W setu'1 ~ u'v,' ''o'','
w. ,,,,,,t,,a,,t, ,ri ,b, ,,,,r
| ,i,,, 1csi,,,o,ad {, ,bo cInuse Of the nt,n
49, ,,,,,',,, ,,bioh ,,ro,ide. n,at mn ncrson
.ha,i ~, s,iioi %. ,, ,r,,,,ip,i coso IN bp',
| - s',.,...'.- - ,,y,,,e, t,.,,,",t,
,'i' na,iot ,,,, ,r,oss tbo rrivnoces
,,d i,,,,,ni,tss ., r,,tl, u, tho first tcr amend
| ,,,,,,s ,,,,ro .,ocig,,llv s1id m terms to hr
-, ,,,,, ti.,, ,,o,s
,,r,,,itS,,os and tn,nnriti,s vnicb como within
| i'""'so9 'i" "a, I,,..,,t n,.,l,,on,
| al 80 e,,7o.,n,,nGhyit
Ins,tco LieId-"Then Won would bring all
questions to this court. can not CONCEIVE Of
Sny question which can not be brought here d
the the ,nurteen,h amendment makes The priv.
leges nnd ,mmunitIo,' TO which it refers include
ull thoso of the frst ten amendments
Mr. Tucker said he would admit tina, it VIC,
, ,,c,,. nuos,,or INT tbo, he ,hould like 10
arr,,o - IN tbc ouIy t,go cases in which tht,
",o't,om ".S'G haI nccn rnl.ed Inc context showed
that ,be purpose was to limit the Federal pow